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Rule 4-252 – Motions in Circuit Court

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Mandatory Motions. In the circuit court, the following matters shall be raised by motion in conformity with this Rule and if not so raised are waived unless the court, for good cause shown, orders otherwise:

(1) A defect in the institution of the prosecution;
(2) A defect in the charging document other than its failure to show jurisdiction in the court or its failure to charge an offense;
(3) An unlawful search, seizure, interception of wire or oral communication, or pretrial identification;
(4) An unlawfully obtained admission, statement, or confession; and
(5) A request for joint or separate trial of defendants or offenses.
(b) Time for Filing Mandatory Motions. A motion under section (a) of this Rule shall be filed within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the court pursuant to Rule 4-213(c), except when discovery discloses the basis for a motion, the motion may be filed within five days after the discovery is furnished.
(c) Motion to Transfer to Juvenile Court. A request to transfer an action to juvenile court pursuant to Code, Criminal Procedure Article, § 4-202 shall be made by separate motion entitled “Motion to Transfer to Juvenile Court. The motion shall be filed within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the court pursuant to Rule 4-213(c) and, if not so made, is waived unless the court, for good cause shown, orders otherwise.

Cross reference: For notification of victims of their right to file a victim impact statement in transfers of actions to juvenile court, see Code, Criminal Procedure Article, § 11-402(c).

(d) Other Motions. A motion asserting failure of the charging document to show jurisdiction in the court or to charge an offense may be raised and determined at any time. Any other defense, objection, or request capable of determination before trial without trial of the general issue, shall be raised by motion filed at any time before trial.
(e) Content. A motion filed pursuant to this Rule shall be in writing unless the court otherwise directs, shall state the grounds upon which it is made, and shall set forth the relief sought. A motion alleging an illegal source of information as the basis for probable cause must be supported by precise and specific factual averments. Every motion shall contain or be accompanied by a statement of points and citation of authorities.
(f) Response. A response, if made, shall be filed within 15 days after service of the motion and contain or be accompanied by a statement of points and citation of authorities.
(g) Determination.

(1)Generally. Motions filed pursuant to this Rule shall be determined before trial and, to the extent practicable, before the day of trial, except that the court may defer until after trial its determination of a motion to dismiss for failure to obtain a speedy trial. If factual issues are involved in determining the motion, the court shall state its findings on the record.
(2)Motions Concerning Transfer of Jurisdiction to the Juvenile Court. A motion to transfer jurisdiction of an action to the juvenile court shall be determined within 10 days after the hearing on the motion.

Cross reference: See Rule 4-223 for the procedure for detaining a juvenile defendant pending a determination of transfer of the case to the juvenile court.

(h) Effect of Determination of Certain Motions.

(1)Defect in Prosecution or Charging Document. If the court grants a motion based on a defect in the institution of the prosecution or in the charging document, it shall order the defendant released on personal recognizance unless the crime charged is a crime of violence as defined in Code, Criminal Law Article, § 14-101, in which case the court may release the defendant on any terms and conditions that the court considers appropriate or may order that the defendant be remanded to custody for a specific time period not to exceed ten days pending the filing of a new charging document.
(2)Suppression of Evidence.

(A) If the court grants a motion to suppress evidence, the evidence shall not be offered by the State at trial, except that suppressed evidence may be used in accordance with law for impeachment purposes. The court may not reconsider its grant of a motion to suppress evidence unless before trial the State files a motion for reconsideration based on (i) newly discovered evidence that could not have been discovered by due diligence in time to present it to the court before the court’s ruling on the motion to suppress evidence, (ii) an error of law made by the court in granting the motion to suppress evidence, or (iii) a change in law. The court may hold a hearing on the motion to reconsider. Hearings held before trial shall, whenever practicable, be held before the judge who granted the motion to suppress. If the court reverses or modifies its grant of a motion to suppress, the judge shall prepare and file or dictate into the record a statement of the reasons for the action taken.
(B) If the State appeals a decision of the trial court granting a motion to suppress evidence in a case in which the defendant is charged with a crime of violence as defined in Code, Criminal Law Article, § 14-101, the court may release the defendant on any terms and conditions that the court considers appropriate or may order the defendant remanded to custody pending the outcome of the appeal.
(C) If the court denies a motion to suppress evidence, the ruling is binding at the trial unless the court, on the motion of a defendant and in the exercise of its discretion, grants a supplemental hearing or a hearing de novo and rules otherwise. A pretrial ruling denying the motion to suppress is reviewable on a motion for a new trial or on appeal of a conviction.
(3)Transfer of Jurisdiction to Juvenile Court. If the court grants a motion to transfer jurisdiction of an action to the juvenile court, the court shall enter a written order waiving its jurisdiction and ordering that the defendant be subject to the jurisdiction and procedures of the juvenile court. In its order the court shall (A) release or continue the pretrial release of the defendant, subject to appropriate conditions reasonably necessary to ensure the appearance of the defendant in the juvenile court or (B) place the defendant in detention or shelter care pursuant to Code, Courts Article, § 3-8A-15. Until a juvenile petition is filed, the charging document shall have the effect of a juvenile petition for the purpose of imposition and enforcement of conditions of release or placement of the defendant in detention or shelter care.

Md. Crim. Causes. 4-252

This Rule is derived from former Rule 736.

Adopted April 6, 1984, eff. July 1, 1984. Amended eff. Dec. 21, 1988; Sept. 11, 1995, eff. Jan. 1, 1996; June 8, 1998, eff. Oct. 1, 1998; Nov. 1, 2001, eff. Jan. 1, 2002; Jan. 8, 2002, eff. Feb. 1, 2002; April 5, 2005, eff. July 1, 2005; June 16, 2009, eff. June 17, 2009; Sept. 10, 2009, eff. Oct. 1, 2009; Dec. 7, 2015, eff. Jan. 1, 2016.

HISTORICAL NOTES

2001 Orders

The November 1, 2001, order, in subsec. (h)(2)(A), in the fifth sentence, inserted “and file”.

2002 Orders

The January 8, 2002, order, in section (c), in the first sentence, updated a reference to the Criminal Procedure Article; redesignated the existing text of section (g) as subsec. (g)(1); added subsec. (g)(2); in the second sentence of subsec. (h)(3), substituted “In its order the court” for “The order”; and amended the cross reference following section (h).

2005 Orders

The April 5, 2005, order inserted subsec. (h)(2)(B), relating to appeals by the State; and redesignated former subsec. (h)(2)(B) as subsec. (h)(2)(C).

2009 Orders

The June 16, 2009, order, corrected a statutory reference in section (h)(3).

The September 10, 2009, order, added a cross reference following section (c), and rewrote subsection (h)(1), which previously read:

“(h)(1) Defect in Prosecution or Charging Document. If the court granted a motion based on a defect in the institution of the prosecution or in the charging document, it may order that the defendant be held in custody or that the conditions of pretrial release continue for a specified time, not to exceed ten days, pending the filing of a new charging document.”

2015 Orders

The December 7, 2015, order, deleted subsection (g)(2)(A), added a cross reference after current subsection (g)(2)(B), and made stylistic changes.

Committee note: Subsections (a)(1) and (2) include, but are not limited to allegations of improper selection and organization of the grand jury, disqualification of an individual grand juror, unauthorized presence of persons in the grand jury room, and other irregularities in the grand jury proceedings. Section (a) does not include such matters as former jeopardy, former conviction, acquittal, statute of limitations, immunity, and the failure of the charging document to state an offense.

Code, Criminal Procedure Article, § 4-202.